Contents
- (a) Factors To Be Considered in Imposing a Sentence.—5 changes
- (b) Application of Guidelines in Imposing a Sentence.—3 changes
- (c) Statement of Reasons for Imposing a Sentence.—6 changes
- (d) Presentence Procedure for an Order of Notice.—1 change
- (e) Limited Authority To Impose a Sentence Below a Statutory Minimum.—2 changes
- (f) Limitation on Applicability of Statutory Minimums in Certain Cases.—5 changes
- (g) Definition of Violent Offense.—1 change
(c)The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence—
(1)is of the kind, and within the range, described in subsection (a)(4), and that range exceeds 24 months, the reason for imposing a sentence at a particular point within the range; or
(2)is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described, which reasons must also be stated with specificity in a statement of reasons form issued under section 994(w)(1)(B) of title 28, except to the extent that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32. In the event that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32 the court shall state that such statements were so received and that it relied upon the content of such statements.
If the court does not order restitution, or orders only partial restitution, the court shall include in the statement the reason therefor. The court shall provide a transcription or other appropriate public record of the court’s statement of reasons, together with the order of judgment and commitment, to the Probation System and to the Sentencing Commission,,3 and, if the sentence includes a term of imprisonment, to the Bureau of Prisons.
United States Government work; public domain under 17 U.S.C. § 105.